The Commercial Court rejected a jurisdiction challenge brought by the Defendant (a German law firm) in response to claims alleging that it wrongfully induced former clients of the Claimant (an English broker) to sue the Claimant in Germany, in breach of contractual terms providing for English law and exclusive jurisdiction. The case raises important issues as to: (i) the scope and application of Article 5(3) of the Judgments Regulation to claims arising from wrongful interference with contractual provisions on jurisdiction and applicable law; and (ii) the impact of consumer law on such provisions.
The full judgment can be read here:http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2014/1085.html&query=Amt&method=boolean
Thomas de la Mare QC and Andrew Scott (instructed by Farrer & Co) acted for the Claimant